Common use of Capacity Payment Clause in Contracts

Capacity Payment. The capacity payment shall be an amount equal to the amount of connection fees, impact fees, or contribution-in-aid-of construction (CIAC) fees that would be payable by a customer within the 180 Service Area to reserve the requested amount of treatment capacity in the CDD’s Wastewater System at the time of the CDD’s verification to ▇▇▇▇▇ of existing capacity availability as provided in Section 3.4or the cost of an increase in treatment capacity as provided in Section 3.4(b)(iii). Upon delivery of a capacity payment, and confirmation by the CDD that such payment is adequate to fund design and construction of the requested treatment capacity, ▇▇▇▇▇ shall be deemed to own the right to the collection, transmission, treatment, and disposal of the purchased amount of capacity in the CDD’s Wastewater System. The CDD may earmark, sell, assign, or convey a portion of the purchased capacity only at the direction of Howey or with ▇▇▇▇▇’▇ consent, which may be granted or withheld at ▇▇▇▇▇’▇ discretion.

Capacity Payment. The capacity payment shall be an amount equal to the amount of connection fees, impact fees, or contribution-in-aid-of construction (CIAC) fees that would be payable by a customer within the 180 Service Area to reserve the requested amount of treatment capacity in the CDD’s Wastewater System at the time of the CDD’s verification to ▇▇▇▇▇ of existing capacity availability as provided in Section 3.4or 3.4(a) or or the cost of an increase in treatment capacity as provided in Section 3.4(b)(iii). Upon delivery of a capacity payment, and confirmation by the CDD that such payment is adequate to fund design and construction of the requested treatment capacity, ▇▇▇▇▇ shall be deemed to own the right to the collection, transmission, treatment, and disposal of the purchased amount of capacity in the CDD’s Wastewater System. ., and the The CDD may not earmark, sell, assign, or convey any a portion of the purchased capacity without only at the direction of Howey ▇▇▇▇▇ or with ▇▇▇▇▇’▇ consent, which may be granted or withheld at ▇▇▇▇▇’▇ discretion.